LAWRENCE -v- NATIONWIDE NEWS LTD & ANOR [2006] WASC 231

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2006] WASC 231
Case No:	CIV:1252/2006	Heard:	28 AUGUST 2006
Coram:	MASTER NEWNES	Delivered:	13/10/06
No of pages:	16	Judgment Part:	1 of 1
Result:	Application successful in part
Category:	B
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Parties:	PETER CHARLES LAWRENCE NATIONWIDE NEWS LTD (ACN 008 438 828) COLLEEN EGAN
Catchwords:	Defamation Application to strike out statement of claim Whether words complained of arguably refer to plaintiff Whether imputations arguably capable of being conveyed Turns on own facts
Legislation:	Nil
Case References:	Lawrence v McCusker [2006] WASC 173 Barbaro v Amalgamated Television Services Pty Ltd (1985) 1 NSWLR 30 Consolidated Trust Co Ltd v Browne (1948) 49 SR (NSW) 86 Dare v Pulham (1982) 148 CLR 658 David Syme & Co v Canavan (1918) 25 CLR 234 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Dwek v Macmillan Publishers Ltd [2000] EMLR 284 Favell v Queensland Newspapers Pty Ltd (2005) 221 ALR 186 Fullam v Newcastle Chronicle and Journal Ltd [1977] 1 WLR 651 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Gumina v Williams (No 1) (1990) 3 WAR 342 Interval Resort Networks (Australasia) Pty Ltd v West Australian Newspapers Ltd [1999] WASC 2 Jones v Skelton [1963] 3 All ER 952 Kasic v Australian Broadcasting Commission [1964] VR 702 Knupffer v London Express Newspaper Ltd [1944] AC 116 Lewis v Daily Telegraph Ltd [1964] AC 234 Morgan v Odhams Press Ltd [1971] 1 WLR 1239 Sim v Stretch [1936] 2 All ER 1237 Steele v Mirror Newspapers Ltd [1974] 2 NSWLR 348 Sugiarso v Pang [2002] WASC 10

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : LAWRENCE -v- NATIONWIDE NEWS LTD & ANOR [2006] WASC 231 CORAM : MASTER NEWNES HEARD : 28 AUGUST 2006 DELIVERED : 13 OCTOBER 2006 FILE NO/S : CIV 1252 of 2006 BETWEEN : PETER CHARLES LAWRENCE

Plaintiff

AND

NATIONWIDE NEWS LTD (ACN 008 438 828)

COLLEEN EGAN

Defendants

Catchwords:

Defamation - Application to strike out statement of claim - Whether words complained of arguably refer to plaintiff - Whether imputations arguably capable of being conveyed - Turns on own facts

Legislation:

Nil

Result:

Application successful in part

(Page 2)

Category: B

Representation:

Counsel:

Plaintiff : Dr M J Collins

Defendants : Mr K J Martin QC

Solicitors:

Plaintiff : Peter G Richards

Defendants : Edwards Wallace

Case(s) referred to in judgment(s):

Lawrence v McCusker [2006] WASC 173

Case(s) also cited:

Barbaro v Amalgamated Television Services Pty Ltd (1985) 1 NSWLR 30
Consolidated Trust Co Ltd v Browne (1948) 49 SR (NSW) 86
Dare v Pulham (1982) 148 CLR 658
David Syme & Co v Canavan (1918) 25 CLR 234
Dey v Victorian Railways Commissioners (1949) 78 CLR 62
Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135
Dwek v Macmillan Publishers Ltd [2000] EMLR 284
Favell…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Lawrence v Nationwide News Ltd

Details

AGLC: Lawrence v Nationwide News Ltd [2006] WASC 231
Case: [2006] WASC 231
Decision Date

CaseChat Overview and Summary

The matter before the Court was an application by the defendants, Nationwide News Ltd and Colleen Egan, to strike out certain parts of the plaintiff's statement of claim in a defamation action. The plaintiff, Peter Charles Lawrence, is the widower of Pamela Lawrence, who was murdered in 1994. The defendants published an article alleging numerous flaws in the police investigation into the murder and the conviction of Andrew Mallard, who was later acquitted by the High Court. The plaintiff's statement of claim alleged that the article defamed him by implying he was the murderer and that he interfered with the investigation. The defendants argued that the statement of claim was defective as it did not sufficiently identify which media reports formed the basis of the plaintiff's claim, and that the article did not defame the plaintiff. The Court found that certain parts of the statement of claim were indeed defective and should be struck out, including the imprecise reference to "some" of the antecedent media reports and the reference to persons who had "heard" the reports. However, the Court held that it was arguable that the article could convey the defamatory meanings alleged by the plaintiff, namely that he murdered his wife and that he interfered with the investigation. The Court struck out certain parts of the statement of claim but allowed the plaintiff leave to replead the defective parts.

Orders